Why Zhou resolute do not know, he to the views of many things probably a little extremely in extreme. 周毅自己也不知道为什么,他对很多事的看法好像有点太过于极端。 Or when other few people looked that this matter felt very normal, he does not feel normally. 或者说,当其他一部分人看这件事觉得很正常的时候,他就觉得不正常。 For example now, online appeared reported, said the Hannan province had named comes to the company happily, in uniting wisdom issued the hiring information. 比如现在,网上出现了一些报导,说汉南省有个叫喜来公司的,在联智上发布了招聘信息。 Then, then some people responded in the joint intelligence quotient. 而后呢,便有人在联智商应聘了。 Generally online has responded to the person knows, the situation that this type of online delivery resume responds , the human affairs special commissioner of opposite party will verify, this verification has the specific time. 一般在网上应聘过的人呢都知道,这种网上投递简历应聘的情况,对方的人事专员会进行审核,这个审核有具体的时间。 Then will give a result, looks at you are the appropriate this post, is inappropriate, needs to give the reason. 然后会给出一个结果,看你是不是合适这个岗位,不合适,需要给出理由。 Therefore, others gave a reason. 于是呢,人家就给出了一个理由。 Inappropriate reason: man (Han) eastern person. 不合适理由:汉东人。 Why then does not know, this matter was exposed online. 然后不知道为什么,这件事就被曝光到了网上。 The reaction that causes is not big, after all is not the matter can on search for hotly. 只是引起的反响并不大,毕竟不是什么事都能上热搜的。 „Under Sun not new matters”, this year news were too many, were too many. 正所谓“太阳底下无新事”,这年头新闻太多了,真的太多了。 Although aroused few people's interest, but appraises actually a little polarization. 虽然引起了一部分人的关注,但是评价却有点两极分化。 Some people think that this is the region discrimination, such company does not match. 有的人认为这是地域歧视,这样的公司根本不配开着。 However, this quite extreme opinion soon obtained the rebuttal. 然而,这种比较极端的言论很快就得到了反驳。 „Although truly a little feeling of region discrimination, but regardless this, others company does has the mistake? Were others illegal?” “虽然确实有点地域歧视的感觉,但抛开这个来说,人家公司做的有错吗？人家违法了吗？” „This year keyboard heroes manage the day of manages place, what person even can others recruit to manage?” “这年头键盘侠们管天管地,连别人要招什么人都得管？” „Right, probably not illegal, I turned the labor law not to discover what issue, this contract has not even signed, was not right, this both sides linked the surface not to see, was only the rejection.” “对啊,好像没有违法吧,我翻完了劳动法都没发现什么问题,这连合同都没签呢,不对,这双方连面都没见,只是拒绝了而已。” The viewpoints of some people are also very simple, wants to recruit anyone, decides to recruit anyone, the rejection recruits anyone, this is the freedom of others company. 这部分人的观点也很简单,想招什么人,决定招什么人,拒绝招什么人,这是人家公司的自由。 You cannot say that others company wants to hire what people unable to decide! 你总不能说人家一个公司连想招什么人都不能决定了吧！ Bragged that was the netizen of legal worker comes out to start to analyze. 还有一些自诩是法律人士的网友出来开始分析了。 „Even by the code civil, this hiring information is an offer invites, how to possibly involve the law, won't some people what be the offer invitation will not know? Can't?” “就算以民法典来看,这招聘信息就是个要约邀请吧,怎么可能会涉及到法律呢,不会有人连什么是要约邀请都不知道吧？不会吧不会吧？” Here must chat anything is the offer, anything was the offer invited, perhaps being an expert bystander looked like this to be a little bewildered, why must differentiate. 这里就得聊一下什么是要约,什么是要约邀请了,或许在行外人看来这有点莫名其妙,为什么还要区分。 But in fact needs of differentiation very much! 但事实上很有区分的必要！ Very simple, the offer has the legal effect, but the offer invitation does not have the legal effect. 很简单,要约是有法律效力的,而要约邀请没有法律效力。 The offer and offer invitation is anything, the former refers to some people wanting with others to conclude the contract the meaning to indicate, the latter refers to hoping others send out the offer the meaning to express to oneself. 要约和要约邀请是什么,前者是指有人想和别人缔结合同的意思表示,后者是指希望他人向自己发出要约的意思表示。 Listens to feel very troublesome, signs a contract, is the offer is the offer invitation. 听着就感觉很麻烦,签个合同而已,又是要约又是要约邀请。 It is not the professional does not need to record these quite tedious law to explain, only needs to remember example on line. 不是专业人士不需要去记那些比较繁琐的法条解释,只需要记住例子就行了。 After all by the case interpretation is simply most direct-viewing. 毕竟以案释法是最简单最直观的。 Zhang San and Li Si said, Li Si, your watch looks very attractively, can a dollar sell me? 张三和李四说,诶李四,你那块表看着很漂亮,可以一块钱卖我吗？ This named offer, represents wish to conclude the expression of contract, has the legal effect. 这个叫要约,代表着一种想要缔结合同的表示,有法律效力。 A dollar of reaching an agreement buys, finally others prepared you not to buy, that violated the integrity principle, your actually needs to shoulder the liability for fault in contracting. 说好的一块钱买,结果人家都准备好了你又不买,那违反了诚信原则,那你这其实就需要承担缔约过失责任。 Because if others have prepared, your violation caused to present the harm, you need to shoulder the damage compensate responsibility. 如果因为别人已经准备,你的违反导致出现了损害,那你需要承担损害赔偿责任。 But the watch that the latter, Zhang San and Li Si, I wear is very attractive, do you want to buy? 而后者,张三和李四,我戴着的这块表挺漂亮的,你想不想买啊？ This called the offer to invite, even if reneged on a promise when the time comes did not have the legal liability. 这叫要约邀请,就算是到时候反悔了也没有法律责任。 Probably the employment ad, and commercial advertisement and so on view of the non- specially designated group, is the offer invitation. 像是招聘广告,以及商业广告等等针对不特定人群的,都属于要约邀请。 Therefore recognized by this, the behavior that this company discriminates against is not the violation, does not have any legal liability. 所以以此认定,这种公司歧视的行为并不算违约,没有什么法律责任。 Zhou resolute read this article, he after all was half bucket of water, really there is no words to say in this aspect. 周毅把这文章看完了,他毕竟是半桶水,在这方面真的没什么话可说。 After all has probably no issue, what person others company must hire, that is others freedoms. 毕竟好像没什么问题,人家公司要招什么样的人,那都是人家的自由。 You dismissed a worker saying that had the labor law, but the hiring, that cannot say. 你辞退一个劳动者可以说有劳动法,但是招人,那总不能这么说了吧。 Especially he saw the response of that company, said that is because left a message at that time time made a mistake in writing, originally is not the plan writes. 尤其是他看到了那家公司的回应,说是因为当时留言的时候写错了,本来不是打算这么写的。 Apologized to everyone. 向大家道个歉。 On this situation, Zhou is speechless, first does not have the nickel relations with him, others are not probably illegal. 就这情况,周某人都无话可说,一来和他没有半毛钱的关系,二来,人家好像也不违法。 However after putting down the cell phone, Zhou resolute does not feel refreshedly. 但是放下手机后,周毅又觉得不爽快。 He now is the boss of ascending, even if advertises must observe law and discipline. 他现在是腾达的老板,所以就算是招聘都必须得遵纪守法。 Before him looks for the work, after present many staff enter the duty will have some opinions, that is the present false employment phenomenon. 但是在他之前找工作的时候,包括现在很多员工入职之后都会有一些言论,那就是现在的虚假招聘现象。 This phenomenon is oddest by the online employment ad! 这种现象以网上的招聘广告最为离谱！ Online you looked others will tell you, our wages 10 k start, does not contain a five dangerous gold/metal. 你在网上看的时候人家会告诉你,我们这工资10k起步,不包含五险一金。 You looked were very certainly happy that 10,000, did not contain a five dangerous gold/metal, this treatment is appealing regarding a graduation shortly after young people that enough. 那你看了当然很高兴啊,一万块,还不包含五险一金,这待遇对于一个毕业没多久的年轻人那已经足够吸引人了。 Finally after you interviewed full of enthusiasm discovered, the 10 k wages of reaching an agreement turned into 5 k directly, even turns into the 3 k basic salary such odd operation directly. 结果当你兴致勃勃地去面试了之后才发现,说好的10k工资直接变成了5k,甚至还有直接变成3k底薪这样离谱的操作。 Others are very rational, your not urination photo do you have with the level of this wages, doesn't this skill dare to want so many? 人家还很有理,你也不撒泡尿照照你有没有拿这个工资的水平,这点本事都没有还敢要这么多？ Moreover the basic salary adds the performance, probably does not have the issue, but you, if most started to write 3000 to 10,000, so long as were a little experience hitting workers can look. 而且底薪加绩效,好像没问题,但你如果最开始写了三千到一万,那只要是有点见识的打工人都能看出来的。 Before Zhou resolute just started to look to work that to be taught, meeting in this type of employment ad between the starting pays and highest salaries the disparity was too big, do not go! 以前周毅刚刚开始找工作那会就被教过,遇到这种招聘广告里起薪和最高薪之间差距太大的,千万不要去！ Because this highest salary looks to you. 因为这最高薪就是给你看的。 Except that sells this quite special industry. 除了销售这种比较特殊的行业。 Finally now, others do not develop, told you simply, I am deceiving you, deceived you on the line. 结果现在,人家都不演了,干脆就告诉你,我就是在骗你,把你骗来就行。 Also therefore, he felt many companies that now in this market advertise for have this and that show operation, but according to the online analysis, does not have the issue probably. 也因此,他感觉现在这市场上招聘的很多公司都有着这样那样的骚操作,但是根据网上的分析,好像又没有问题。 But doesn't this really have the issue? 可这真的没问题吗？ Zhou resolute thought that can chat with side Dazhuang, having a look at him to have what view. 周毅觉得可以和方大状聊聊,看看他有什么看法。 This is not the concrete consultation, but chatted regarding the view of matter, naturally does not need to pay expenses. 这不是具体的咨询,而是聊一下对于事情的看法,自然不需要付费。 In such a case then, demon Director permits was demoted to process. 便在这样的情况下,魔都的许主任被降职处理了。 When the public opinion heat degree is very small, even if really has the matter, will not calculate the matter. 当舆论热度很小的时候,哪怕真的有事,也不会算事。 When the public opinion heat degree is very big, even the minor matter, can still discover the reason of punishment to come, not to mention his Director permits really has the matter. 但是当舆论热度很大的时候,就算是小事,也可以找出处分的理由来,更不用说他许主任真的有事。 My goodness, the court sentenced said you to the public apology at others campus forum, but you were booing, played, thought we couldn't look? 好家伙,法院都判了说你得在人家校园论坛上公开道歉,可你倒好,这么玩,是觉得我们都看不出来吗？ Despises the ruling, this thing may be possible to be small greatly! 藐视判决,这个东西可大可小！ Because in the present society had too not the person who the ruling was serious, mainly referred to the civil judgment. 因为现实社会中有太多不把判决当回事的人了,主要是指民事判决。 For example does not owe money, I have prepared, when old Lai also feared anything, the property shifts, every year at the worst goes to treat for several days, how you can also me, but can also kill me to be inadequate. 比如欠钱不还,我都已经准备好当老赖了还怕什么,财产转移,每年大不了进去待几天,你还能把我怎么样,还能弄死我不成。 This is a natural person, when a company wants to repudiate a debt that was simpler, the bankrupt settlement, can be divided many as for you, that and my actual control person has the nickel relations. 这还是自然人,当一个公司想要赖账的时候那就更简单了,破产清算呗,至于你能分多少,那和我这个实际控制人有半毛钱的关系嘛。 People assume, so long as the court wants to do, that other organizations will coordinate unconditionally, this is the perfect condition, the reality is, how the court does not want to come how to come. 人们想当然地以为,法院只要想干嘛,那其他机构都会无条件配合,这是理想状态,现实是,法院也不是想怎么来就怎么来的。 However, after public opinion fermentation, this situation was different. 但是呢,当舆论发酵后,这情况就不一样了。 A you solemn subbranch, did not give to change the credit is very odd intentionally, finally now the court sentences you not to carry out mystifyingly well, do you look to whom? 你一个堂堂的支行,本来这么故意不给改征信就已经很离谱了,结果现在法院判下来你都这么阴阳怪气地不好好执行,你这是给谁看呢？ Especially the Supreme Court, what this case is, this is after this year's beginning of the year , the new first batch of guide cases, do you give to put in order such trick finally? 尤其是最高法,这案子是什么,这是今年开年之后新的第一批指导案例,结果你就给整这样的幺蛾子？ It is no doubt that under disturbance, let alone his Director permits, the general netizens already started the outgoing message to deeply dig up following „protective umbrella”! 不用说,风波之下,别说他一个许主任了,广大网友们已经开始发文要深扒后面的“保护伞”了！ Your Director permits naturally could not do. 那你许主任自然是干不下去了。 Deeply digs up again, above of Director permits must have the trouble. 再深扒,许主任的上面都要有麻烦。 The netizens were really eat the melon to eat crisply, because really no one can think before, credit such bank matter, will also involve the reputation. 网友们真的是吃瓜吃爽了,因为以前真的没有人能想到,征信这样银行内部的事,还会涉及到名誉权。 Many people who that compensation looks at covet, therefore is quick, the person the line then sent the new circular, requesting regional financial institutions to launch the self-examination, must requests „, fast and accurate promptly” sending credit data. 那个赔偿看的很多人眼热,于是很快,人行便发了新的通告,要求各地金融机构展开自查,务必要求“及时、快速、准确”的报送征信数据。 Naturally, the atmosphere has arrived at this, when father does not act to punch two palm of the hand that is not definitely unreasonable. 当然,气氛都已经到这了,当爹的不出面揍两巴掌那肯定不合理吧。 Therefore accordingly, the punishment in view of leap bank had gotten down, fines 50,000 Yuan! 于是相应的,针对飞跃银行的处罚已经下来了,罚款五万元！ Passed through this matter, regarding the misinformation credit revision is not very careful financial institution, started the self-examination, because has many „professional” to stare at this cake. 经过了这件事,原本一些对于误报征信修改并不是很上心的金融机构,都开始了自查,因为已经有不少“专业人士”盯上了这块蛋糕。 Why, you think how now many net loans and small loan companies can your information reporting credit, how be able often to threaten you to say the credit? 为什么,你以为现在很多的网贷和小贷公司怎么能把你的信息上报征信呢,怎么能动不动就威胁你说上征信呢？ Very simple, these slightly loan the company actually to be unmarked, is accommodating alongside some provincial banks or other financial institutions. 很简单啊,这些小贷公司很多其实是没牌照的,都是挂靠着一些地方银行或者其他金融机构。 Also therefore, some credit situations are not so actually rigorous. 也因此,这部分征信情况其实并不那么严谨。 If this were started by everyone earnestly, that really possibly could not eat to capture. 这要是被大家开始较真了,那真的可能吃不了兜着走。 ............ ………… Also is a beautiful afternoon, the weather is a little hot, soon to summer. 又是一个明媚的下午,天气已经有点热了,又快要到夏天了。 As usual, Zhou Yifang the big shape week three people sat in the cafe joyfully, is chatting the matter of some punishment. 照旧,周毅方大状周欣然三人坐在了咖啡馆内,聊着一些很刑的事。 Then before chatted Zhou resolute, the matter. 然后就聊到了周毅之前遇到的这种事。 He wants to know, is facing the discrimination of this recruitment time, doesn't the worker have means? 他就想知道一点,面对着这种招聘时候的歧视,难道劳动者就没有一点办法吗？ The public opinion is very flamboyant, but the not possible each matter to have the heat degree. 舆论是很牛逼,但不可能每一件事都能有热度。 But it is well known, without the public opinion of heat degree, that and toilet paper has no difference. 而众所周知,没有热度的舆论,那和厕纸没什么区别。 side Dazhuang is listening while starts to drink the coffee, when heard Zhou resolute to say „code civil and offer” and so on words could not bear smile to make noise. 方大状一边听着一边开始喝咖啡,当听到周毅说“民法典、要约”之类的话时忍不住笑出了声。 „side Dazhuang doesn't, you laugh at me to do?” “不是啊方大状,你笑我干什么？” side Dazhuang has not spoken, nearby week also smiled joyfully. 方大状没说话,旁边的周欣然也笑了。 Saw with own eyes that the look of some handsome young man is not quite right, the week rushes to explain joyfully: „Zhou resolute, is not I laughs at you, but is your understanding has the issue, since knows that this matter walks the offer to invite invalid, why that can also this road?” 只是眼见某个靓仔的眼神不太对,周欣然赶忙解释道:“周毅,不是我笑你,而是你这个理解有问题,既然知道这件事走要约邀请行不通,那干嘛还非得走这条路呢？” The wise attorney will not always walk one by the road of dying of suffocation. 高明的律师从来都不会走一条被堵死的路。 Just like side Dazhuang had said that the criminal law 469 charges, always have one is quite suitable. 正如方大状曾经说过,刑法四百六十九个罪名,总有一个比较适合。 The civil act was also certainly same. 民事行为当然也一样了。 Zhou did not certainly say his is online noticed that can only not speak there. 周某人当然不好说他这是在网上看到的,只能在那里不说话。 side Dazhuang opens the mouth to say finally: „You, we just filed a right infringement lawsuit, you forget now, I asked you, this employment discrimination, you said that company did have the right infringement?” 方大状终于开口道:“你啊,咱们才刚刚打了一个侵权官司,你现在就忘了,我问你,这种就业歧视,你说那公司有没有侵权呢？” „The contract of code civil arranges inadequately, we can continue the right infringement to arrange!” “民法典的合同编走不成,咱们可以继续走侵权编啊！” Right infringement? Zhou resolute felt oneself neglected the issue of right infringement probably. 侵权吗？周毅感觉自己好像又忽略了侵权的问题。 Does not incur east the man (Han) the person, what right did this encroach? 只是,不招汉东人,这侵犯了什么样的权利呢？ He does not know, because the civil right were too many, moreover applies a little to be always unexpected. 他不知道,因为民事权利太多了,而且应用起来总是有点出乎预料。 Before him does not know that can also sue the right infringement by the right to know. 就像他以前根本不知道还能以知情权来起诉侵权的。 „Zhou resolute, you were also a company boss, do you know, the civil rights were called the equal job opportunity power!” “周毅,你也是一个公司老板了,那你知不知道,有一个民事权利叫平等就业权！” In the civil right, this right is not quite probably common, but is uncommon means that does not exist. 民事权利里面,这个权利好像不太常见,但是不常见并不意味着不存在。 Our workers have the right of equal job opportunity! 我们的劳动者具有平等就业的权利！ However needs to emphasize, the equal right is not representing same, in other words, if the post has the special request, that must manifest the equality in these peculiar requirements. 但是需要强调一点,平等权并不代表着同等,也就是说,如果岗位有特殊的要求,那必须是在这些特殊要求中来体现平等。 „Company naturally has the duty of free recruitment, but this does not mean that said how they want to advertise how advertise, how wants to refuse how to reject!” side Dazhuang the sinking sound said. “公司自然是有自由招聘的义务,但这绝不意味着说他们想怎么招聘怎么招聘,想怎么拒绝怎么拒绝！”方大状沉声说道。 Is that this regarding opening the person in company is very unfair? 那这对于开公司的人来说是不是很不公平呢？ Naturally is this, because in this world does not have the absolute freedom, you had the company saying that how wants to refuse how to reject, that was not definitely good! 自然是这样,因为这个世界上就没有绝对的的自由,你开公司说想怎么拒绝就怎么拒绝,那肯定不行！ You also raise these here...... 你还在这里提这些…… Joking, will not have known the law to some people now the essence, can't? 开玩笑的吧,到了现在不会有人还不懂法的本质吧,不会吧不会吧？ „Therefore, who said this is not illegal?” “所以,谁说这样不是违法的呢？” Zhou resolute heard here to be a little strange, opened the mouth saying: „side Dazhuang, in your words, is that because so long as some reason were rejected, can say the infringement equal job opportunity power?” 周毅听到这里有点奇怪了,开口道:“那方大状,按你的话说,那是不是只要因为某个原因被拒绝了,就可以说侵犯平等就业权了呢？” Simplest, present 35 years old threshold, many companies advertise, stated directly is under 35 years old, if understood, when some people surpass 35 years old go are rejected, can be the right infringement. 最简单的,现在的三十五岁门槛,很多公司招聘,直接声明就要35岁以下的,那如果这么理解,当有人超过三十五岁去的时候被拒绝,都可以算是侵权。 But this felt where is not right, after all the present civil service examination, must obtain below 35 years old, you cannot say that this is also the employment discrimination...... 但这样又感觉哪里不对,毕竟现在的公务员考试,都要求得三十五岁以下,你总不能说这样也是就业歧视吧…… „The equal job opportunity power that definitely, we did not say is not such simple understanding......” side Dazhuang shakes the head to say with a smile: „The factor of this rejection, must be related with the work internal requirement at least!” “那肯定不是啊,我们说的平等就业权不是这么简单理解……”方大状笑着摇摇头道:“这个拒绝的因素,最起码都得和工作内在要求有关的！” side Dazhuang started his explanation. 方大状开始了他的讲解。 „Works internal requirement”, this is a quite fuzzy concept, anything is the work internal requirement, for example the school record, for example the certificate, for example the work experience, for example the vocational qualification wait/etc, this called the work internal requirement! “工作内在要求”,这是一个比较模糊的概念,什么是工作内在要求呢,比如学历,比如证书,比如工作经验,比如职业资格等等,这叫工作内在要求！ Because these are the work are closely linked. 因为这些都是和工作息息相关的。 But the native place region, the sex, the national and religious these, this is the work internal requirement irrelevant, therefore you can, because this person work experience does not enrich to reject, but you cannot, because this person is east the man (Han) the person rejects, is so simple! 而籍贯地域,性别,民族和宗教这些,这就是和工作内在要求无关的,所以你可以因为这个人工作经验不丰富而拒绝,但你不能因为这个人是汉东人拒绝,就这么简单！